Joanne Pollara v. Joseph J. Seymour and Thomas E. Casey, John Does

District Judge GLEESON, concurs in result and files a separate opinion.

JACOBS, Circuit Judge.

Joanne Pollara appeals from a final judgment entered in the United States District Court for the Northern District of New York (Hurd, J.) dismissing her suit, under the Visual Artists Rights Act (“VARA” or the “Act”), 17 U.S.C. § 101 et seq., alleging that defendant Thomas E. Casey unlawfully damaged and destroyed a work of art that she created. In relevant part, VARA secures an author’s lifetime right to protect against “intentional distortion, mutilation, or other modification” of a “work of visual…